Pat Is the Owner of Tarantula Skiwear of Boulder,Colorado

Essay

Pat is the owner of Tarantula Skiwear of Boulder,Colorado.Tarantula is a new company that makes top-of-the-line products.Angela is the salesperson whose territory is the state of Utah.In an ordinary week,Angela,a Boulder resident,goes to the company office on Monday morning,takes care of paperwork,and in the late morning takes off for Utah.She stays in Utah until sometime on Friday,the exact time changing from week to week.Sometimes,she will stay in Utah for the weekend to ski and save the drive to Boulder and back.More often,she will drive partway back to Boulder on Friday evening,stopping to ski at one of the larger Colorado resorts,and return to Boulder on Saturday or Sunday.In order to make a sale,Angela must often negotiate a discount from the standard wholesale prices.
Tarantula wants to maintain the exclusivity of its line in Vail,thus the company has a policy of selling at full wholesale list price in Vail and not negotiating.The salesperson,who covers Vail,follows the policy rigidly and,as a result,Tarantula Skiwear is available in only two Vail stores.Angela thinks she could make a large sale by only cutting the list price slightly.One Thursday she drives from Salt Lake City to Vail.Friday morning she called on a large retail outlet in Vail.The owner said he would love to have the Tarantula line,but just couldn't pay the full wholesale price.Angela takes the owner skiing,with both,of course,wearing Tarantula wear.Angela is demonstrating how good Tarantula Skiwear looks at high speed when she skis into someone just beginning to snowboard.The snowboarder sues Angela and Tarantula Skiwear.Assuming that Angela was,in fact,negligent,can the plaintiff recover from Tarantula? Discuss the likely issues to arise and their likely resolution.